Éva Tamási - Academia.edu (original) (raw)
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The most important procedure before canonical tribunals was separation from bed and board (separa... more The most important procedure before canonical tribunals was separation from bed and board (separatio a mensa et toro) which has been the most frequent procedure and has been the antecedent of the divorce trial. (Although it has to be mentioned that the latter has not been a ‘classical’ divorce, because it was not permitted for a long time, more exactly until the Marriage Act of 1894.) Moreover, it could be mentioned that the matrimonial regulation of the two legal systems, namely the national particular canon law and the State private law, has been strongly influenced by each other which was reflected in the interacted legal institutions such as in the regulation of the separation.
One of our most recently approved „sarkalatos” (cardinal ) controversial act is in the centre of ... more One of our most recently approved „sarkalatos” (cardinal ) controversial act is in the centre of my study ( Act CCVI of 2011 of consciencious and religous freedom and also about churches, relegious sects and relegious communities). I also focused on antecedent law history, especially on Act XLIII of 1895 of free practice of religion. In our judicial history all acts involving relegion had proved to be cardinal with no exception, so the law-maker acted in unison of the spirit of our historical constitution by declaring this act cardinal. The question can be asked whether we can find connections, spiritual survivalship between the previous and the operative act involving churches and religion in their actual regulations and sections
Although in fact it is not an ecclesiastical act, the examination of our Act XXXI of 1894 on matr... more Although in fact it is not an ecclesiastical act, the examination of our Act XXXI of 1894 on matrimonial law (1894. évi XXXI. tc., Házassági törvény), which introduced the civil marriage, cannot be omitted, because it meant the beginning of the State’s appearance in matrimonial matters and it has influenced to a certain extent the matrimonial proceedings before ecclesiastical courts. Consequently I have presented the long process and the „fights” in connection with the creation of this Act. A special attention should be given to the matrimonial legislation of the State, because Hungarian ecclesiastical courts have applied (in addition to universal provisions of the canon law) the norms of the State matrimonial law in their procedures, more exactly, they have cited the provisions of the substantive law in the reasons for their judgements. I have posed another question: Has the foreign law influenced the Hungarian legislation? After the examination of the most significant (mainly Germ...
DÍKÉ
The most important procedure before canonical tribunals was separation from bed and board (separa... more The most important procedure before canonical tribunals was separation from bed and board (separatio a mensa et toro) which has been the most frequent procedure and has been the antecedent of the divorce trial. (Although it has to be mentioned that the latter has not been a ‘classical’ divorce, because it was not permitted for a long time, more exactly until the Marriage Act of 1894.) Moreover, it could be mentioned that the matrimonial regulation of the two legal systems, namely the national particular canon law and the State private law, has been strongly influenced by each other which was reflected in the interacted legal institutions such as in the regulation of the separation.
One of our most recently approved „sarkalatos” (cardinal ) controversial act is in the centre of ... more One of our most recently approved „sarkalatos” (cardinal ) controversial act is in the centre of my study ( Act CCVI of 2011 of consciencious and religous freedom and also about churches, relegious sects and relegious communities). I also focused on antecedent law history, especially on Act XLIII of 1895 of free practice of religion. In our judicial history all acts involving relegion had proved to be cardinal with no exception, so the law-maker acted in unison of the spirit of our historical constitution by declaring this act cardinal. The question can be asked whether we can find connections, spiritual survivalship between the previous and the operative act involving churches and religion in their actual regulations and sections
Although in fact it is not an ecclesiastical act, the examination of our Act XXXI of 1894 on matr... more Although in fact it is not an ecclesiastical act, the examination of our Act XXXI of 1894 on matrimonial law (1894. évi XXXI. tc., Házassági törvény), which introduced the civil marriage, cannot be omitted, because it meant the beginning of the State’s appearance in matrimonial matters and it has influenced to a certain extent the matrimonial proceedings before ecclesiastical courts. Consequently I have presented the long process and the „fights” in connection with the creation of this Act. A special attention should be given to the matrimonial legislation of the State, because Hungarian ecclesiastical courts have applied (in addition to universal provisions of the canon law) the norms of the State matrimonial law in their procedures, more exactly, they have cited the provisions of the substantive law in the reasons for their judgements. I have posed another question: Has the foreign law influenced the Hungarian legislation? After the examination of the most significant (mainly Germ...